Devolved Functions under the Constitution,2010 The Constitution of Kenya, 2010 creates two levels of governments that are distinct and interdependent, and it prescribes that the two shall conduct their mutual relations on the basis of consultation and co-operation. Under Article 174 of the constitution, the objective of the devolved system have been defined to include: a) The recognition of the right of communities to manage their own resources; b) Protection and promotion of the interests of rights of minorities and marginalized communities; c) Equitable sharing of national and local resources; and, d) Facilitation of the decentralization of the state organs, their functions and services. With regard to tourism development, the Fourth Schedule of the Constitution has assigned both the county and national governments complimentary and corresponding responsibilities of tourism development. The national government is mandated with the function of tourism policy and development, while the county governments have been assigned the role of trade development and regulation including local tourism. As such, tourism development and management is therefore a dual responsibility of the two levels of governments. However, under the Constitution, county governments have the greatest responsibility to act within the framework of national policies and strategies to implement national policies to realize sustainable tourism development, and consequently economic prosperity for the private sector. Counties therefore have the role of: 1. Zoning of tourism development areas guided by National Tourism Management Plans and County Integrated Development Plans; 2. Environmental regulations; and, 3. Regulation of local tourism trade /economic activities. At this introductory stage, it is important to state that the definition and allocation of tourism functions between the national and county level is guided by the broad principles contained in: a) The Constitution of Kenya (2010); b) The Tourism Act 2011; c) Kenya Vision 2030; d) Sessional Paper No. 1 of 2010 on Enhancing Sustainable Tourism in Kenya; and, e) Presidential Circular of 2013 which outlines the mandate of the state department responsible for tourism.
Posted on: Sun, 28 Sep 2014 06:49:18 +0000
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